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Home My WebLink AboutRES NO 008-01RESOLUTION NO. 0 08' 0 ~. A RESOLUTION ADDING TERRITORY, AREA 1-20 (STOCKDALE, VILLAGE LANE), TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1228, adopted January 17, 2001, declared its intention to add territory, Area 1-20 (Stockdale, Village Lane), to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-20 (Stockdale, Village Lane), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-20 (Stockdale, Village Lane), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2000-2001 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory, Area 1-20 (Stockdale, Village Lane), which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code or any other law) concerning the formation of and assessments for Inclusion in the Consolidated Maintenance District. The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 1-20 (Stockdale, Village Lane), to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report (attached hereto as Exhibit 1 and incorporated herein by reference), including the amounts of assessment for each assessed parcel, as set forth in the Public -1- ORIGINAL Works Director's Report. 3. Exhibits"A" and"B"describethe additionalterritory, Area 1-20 (Stockdale, Village Lane). 4. All parcels within this additional territory shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until median landscape improvements have been installed. When median improvements have been completed, street tier 1 assessments will be assessed. The benefit formula (Exhibit "C"), budget(Exhibit "D") and assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2001-2002 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall se~ a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JAN 3 1 2001 , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER CITY CLERK and Ex Offici°~C/F'~k~; 1~4~/ of the Council of the City of Bakersfield APPROVED: JAN 3 1 ZOO1 APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S\PROJECTS\MAINDIST~ESTAB\M D 1-20Est -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-20 (STOCKDALE, VILLAGE LANE) Fiscal Year 2000-2001 Addition of territory, Area 1-20 (Stockdale, Village Lane) to the Consolidated Maintenance District is generally described as an area bounded by a line 625 feet north of Stockdale Highway on the north, a line 1/4mile east of California Avenue on the east, Stockdale H~ghway on the south, and a line 750 feet east of California Avenue on the west, as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining public street medians and other public street landscaping. The improvements generally include, but are not limited to, irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, Area 1-20 (Stockdale, Village Lane) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned appropriate street tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other -z- EXHIBIT "1" parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until street landscaping has been installed. When street landscape improvements have been completed, street tier 1 assessments will be assessed. The area will consist of nonresidential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, JACQUES R. LAROCHELLE, interim Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2000-2001 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all pamels of property within additional territory, Area 1-20 (Stockdale, Village Lane), subject to be assessed to paythe cost of maintenance and operation in said area. Dated: /d"..,ACQUES R. ~AROCHELLE- /--'~lnterim Director of Public Works City of Bakersfield -2- Area 1-20 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 34, T 29 S, R 27 E, M. D. B. & M., and more particularly described as follows: Commencing at the southeast corner of said Section 34; THENCE (1) North 00° 03' 00" West, a distance of 30.00 feet, to intersect the centerline of Stockdale Highway and the TRUE POINT OF BEGINNING; THENCE (2) South 89° 56' 12" West, along said centerline a distance of 576.03 feet; THENCE (3) North 00 ° 05' 48" West, a distance of 624.68 feet; THENCE (4) North 89° 57' 42" East, a distance Of 576.55 feet; THENCE (5) South 00° 03' 00" East, a distance of 624.43 feet, to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: Parcel C of Lot Line Adjustment No. P00-0256, recorded June 27, 2000 as Document # 0200077240 in the office of the Kern County Recorder. EXHIBIT "A" S:\PROJECTS\MAINDIST~LEGALS\LegaI1-20.wpd O~iGINAL MAP AND ASSESSMENT DIAGRAM F.OR ADDITION OF- TERRITORY AREA 1-20, STOCKDALE, VILLAGE LANE) TO| CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA THE NOT TO SCALE PARCEL 1 PARCEL B gL.A. No. P00--0256 > 0 · PARCEL NOT A MAINTENANCE DISTRICT DAY PARCEL 5 <z BY CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each pamel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each pamel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = Pxaxt b EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EXHIB..~"C" Pag of 4 ,'" EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-1 zoned 5 acres or more. Parkside Village 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verdugo, Seven Oaks, North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Stockdale, California NE Stockdale, Village Lane Non Residential 1.0 Per parcel plus 0.9 'EDU's per 100 feet of California Ave. frontage EXHiB~,,C., "¢~ Pag~ of 4 USE Union Avenue Non Residential Silvercreek 370-022-04 Chester Avenue EDU 3 0.71/unit 12 units/Acre 6/acre REMARKS Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Area for each parcel is based 50% on lot area and 50% on building area. S:\Projects\MAIN DIST\FORMU LAS\E xhC00.wpd EX~IT "C'~-<~~ P~e 4 of 4 ~ EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-20 Said assessment is made in accordance with the benefit formula attached hereto. 2000-2001 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $o.oo $0.00 S:/PROJECTS/MAINDIST~EXHIBITD\MD 1-200 WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-20 FISCAL YEAR 2000-2001 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 2000-2001 331-032~10-00-5 331-032-11-00-8 331-032-15-00-0 $0.00 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:/MAINDIST~EXHIBITE/M D1-20E WB3 EXHIBIT "E" Page 1